Terms and Conditions

Terms and Conditions

GENERAL

www.evanscycles.com is a site operated by F. W. Evans Cycles (UK) Limited ("Evans Cycles" or "us"). Evans Cycles is registered in England and Wales under company number 02784079, VAT number 927170229 and its registered office is at Evans Cycles, Camino Park, James Watt Way, Crawley, West Sussex RH10 9TZ. Evans Cycles's trading name is Evans Cycles, and we sell and supply bicycles and bicycle equipment, clothing and accessories in the course of our trade and business. Evans Cycles can be contacted in writing at the address above, by telephone on +44 (0) 1293 574900 or by e-mail at contactcentreteam@evanscycles.com.

The buyer ("you") shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, their legal rights shall remain unaffected. Any reference to you within these terms and conditions shall be as a consumer buyer unless specified as being a reference to a trade buyer.

The "Goods" shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of the contract between us that any and all ancillary items are additional to such contract unless specifically detailed within the sales invoice/order form.

The "Price" shall mean the amount payable to Evans Cycles for the Goods plus VAT (at the rate applicable from time to time), and the amount paid to the delivery service provider for the supply of delivery services unless otherwise stated. You should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed in writing by us to you. If you select a delivery country outside the EU, prices will be displayed VAT free.

These terms and conditions shall apply to all of our quotations, orders (including telephone orders) and contracts for the sale or supply of Goods by Evans Cycles. In respect of any sales of Goods to trade buyers, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order, are hereby excluded and shall not be binding upon us. In respect of consumer buyers, additional conditions shall only be binding upon us if confirmed in writing by us to you.

We reserve the right to amend technical or clerical errors in any order without notice. In addition, you shall ensure that all details contained within the order are correct and we shall not accept any liability for any error or inaccuracy in any order.

THE CONTRACT

After placing an order, you will receive an email from us acknowledging that we have received your order for the Goods, and the delivery services you have requested from the delivery service provider. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Evans Cycles to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Goods have been dispatched by the delivery service provider (the "Dispatch Confirmation"). The contract between you and Evans Cycles will only be formed when we send you the Dispatch Confirmation.

The contract will relate only to those Goods whose dispatch (by the delivery service provider) we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.

CONSUMER RIGHTS

You may cancel your contract with us for all Goods, except for gift cards and e-gift vouchers, at any time up to the end of the 90th day from the date you receive the ordered Goods. Orders for gift cards and e-gift vouchers may be cancelled at any time up to the end of the 7th day from the date you receive the gift card or e-gift voucher. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

To cancel your contract you must notify us in writing at our head office, at Evans Cycles, Camino Park, James Watt Way, Crawley, West Sussex RH10 9TZ or by e-mail at contactcentreteam@evanscycles.com
When cancelling in writing please provide the following wording and details about your order:
I hereby give notice that I cancel my contract of sale of the following goods [details of goods], ordered on [date] and received on [date].
[Order nunber]
[Name of consumer]
[Address of consumer]
[Signature if possible]
[Date]

If you have received the Goods before you cancel your contract then you must send the Goods back to us at your own cost and risk. If you cancel your contract but we have already processed the Goods for delivery, you must not unpack the Goods when they are received by you and you must send the Goods back to us at your own cost and risk as soon as possible.

Once you have notified us that you are cancelling your contract, any sum debited to Evans Cycles (in respect of goods provided by us and delivery services provided by the delivery service provider) from your debit or credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the Goods delivered to you by the delivery service provider or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to you.

Similarly, any amounts debited from your debit or credit card in respect of delivery charges payable to the third party delivery contractors shall be re-credited to your account as soon as possible by the relevant delivery contractor or by us on their behalf.

You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

For all complaints please contact the Evans Cycles head office using the contact details found on our contact us page

CANCELLATION BY EVANS CYCLES

We reserve the right to cancel the contract between us if:

• We have insufficient stock to deliver the Goods you have ordered
• The delivery service provider does not deliver to your area
• One or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing
information received by us from our suppliers; or
• We have reason to suspect that there is a risk of a fraudulent transaction.

If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us (in respect of Goods provided by us, and delivery services provided by the delivery service provider (unless amounts in respect of delivery are refunded directly by the delivery service provider)), from your debit or credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

GUARANTEES

All guarantees in respect of Goods are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. You are reminded to complete all warranty cards/documents upon receipt of the Goods where appropriate.

TITLE

Title to the Goods shall pass to you when the Goods ordered are collected on your behalf by the delivery service provider and leave our warehouse. In the event that sums owing in respect of other Goods ordered within a single order remain due, we shall apportion the sums owing for such Goods without prejudice to our right to retain title in respect of all Goods ordered.

DELIVERY

For orders placed by customers resident in the UK you have the option of either store collection (“Click & Collect”) or delivery to a UK address. Click & Collect is free and available at a participating store of your choice. If you elect to have your goods delivered you can choose from free standard delivery or either next day or Saturday delivery for an additional fee. Please refer to the 'UK Delivery' section of our website (www.evanscycles.com/help/uk-delivery) for details of the delivery options available.

For orders placed by and delivered to customers resident outside of the UK, we will arrange delivery of your Goods on your behalf with third party delivery service providers at specially agreed discounted rates. Some countries will benefit from free delivery on selected orders. Please refer to the 'International Delivery' section of our website (www.evanscycles.com/help/international-delivery) for details of the delivery options available.

Once Goods have been delivered to you or your agent, they will be held at your own risk and we will not be liable for their loss or destruction.

You must notify us in writing of any shortage or mis-delivery in any Goods ordered immediately, or at the latest within five working days of such shortage or mis-delivery, thereafter you shall be liable for any such shortage or mis-delivery. Where we have arranged delivery on your behalf with a third party delivery service provider, any claims for loss or damage in transit should be made directly to the delivery service provider. We will assist you in making any such claim, or alternatively we can deal with such claim on your behalf, at your reasonable cost. You should retain all packaging in the event of a claim or return within the terms of these terms and conditions.

All orders are shipped from the UK and, therefore, deliveries made to countries outside the EU may be subject to customs, legal, regulatory and certain practical restrictions. It is your responsibility to pay any additional taxes, fees or levies, import duty or other fees required by the local customs authority in order to release the goods to you. Please ensure that you enter the correct international delivery address and postcode. If the address is entered incorrectly or if customs duties or formal customs entry procedures are required, the delivery may be delayed. We are unable to offer you any assistance if either issue arises. Customs policies vary widely from country to country, therefore you are advised to check the local requirements in your country when placing an order.
If you fail or refuse to pay these charges, what happens to the goods is out of our control. In the event that the goods are returned without any charge to us we will refund the whole purchase price to you. In the event that the goods are returned to us but a delivery charge is levied on us, we will refund you the purchase price less the charge levied on us to return the goods. It is possible that the goods will not be returned to us, in which case no refund of the purchase price will be given to you. In any event, goods that are returned due to you refusing or failing to pay any of the charges outlined in this paragraph will not be entitled to a refund of the delivery charge.

LIABILITY

If the Goods we deliver are not what you ordered or are damaged or defective, we shall have no liability to you unless you notify us in writing at our head office (as set out above) of the problem within ten working days of the delivery of the Goods in question.

If any Goods are alleged to be damaged or defective, you must return such Goods to us for inspection and report (without any obligation on us to replace the said Goods prior to such inspection). You further confirm that it shall be reasonable for us to inspect, repair or replace (at our option) such defective Goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. You further accept that it is reasonable to inform us of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and to allow us to remedy the defect, failure or interruption.

If you notify a problem to us under clause 24, our only obligation will be, at our option:

• to replace or repair any Goods that are damaged or defective; or
• to refund to you the amount paid by you for the Goods in question in whatever way we choose.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under these terms and conditions and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question under clause 26 above.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our site. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

INSTALLATION AND USE OF GOODS

Any advice given by our agents or servants during telephone/Internet orders is based entirely upon information provided by you. Where advice is given after visual inspection by our agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. Goods supplied are supplied only to correspond to the purpose for which Goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of Goods due to any such alternative use, amendment or modification.

You confirm that you shall comply with any and all rules relating to installation of the Goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any Goods or not adequately maintained the Goods. Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence.

Any Goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by the manufacturer nor shall we be liable for any failures resulting from any such modification or adaptation.

COMPETITION GOODS

Any Goods specified as and supplied as 'Competition Goods' are supplied for specialist use and are subject to extreme wear and stress whilst in use. The life expectancy and durability of such Goods are greatly reduced and you should note that any claim for failure or wear shall be limited to that of the manufacturers' guarantees. You agree that such use shall be a relevant circumstance for the purposes of the Sale of Goods Act 1979 (as amended). In addition, any parts connected to Competition Goods may be placed under stress and you should take advice from experts prior to purchase of such parts. You should also be aware that manufacturers may limit their guarantees when parts are installed for competition use.

PAYMENT TERMS

Please note that all website and mail order payments are taken in full at the time of order, regardless of stock. The total price paid represents an amount to us for the supply of Goods, and an amount collected by us on behalf of the delivery service provider for the supply of delivery services

Quotations are given on the assumption that no variation in the Price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the Price of any orders placed before the variation will remain the same and no further increases will be passed to you.

EVENTS BEYOND OUR CONTROL

We shall accept no liability in respect of any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of God, war or actions by third parties.

THIRD PARTY RIGHTS

Notwithstanding any other provisions of these terms and conditions, nothing in these terms and conditions shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).

JURISDICTION

These terms and conditions shall be governed by and interpreted in accordance with English Law and industry custom and practice, and the English courts shall have exclusive jurisdiction in respect of any claims or disputes (whether contractual or non-contractual) arising therefrom.

ENTIRE AGREEMENT

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

PRIVACY POLICY

We value your privacy and therefore do not disclose information to third parties without your express permission. Cookies are used on this shopping site only to keep track of the contents of your shopping cart once you have selected an item, and to store delivery addresses when you register. You may refuse to accept cookies by activating the setting on your browser, however, by selecting this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you visit our site. For our full Privacy and Cookie Policy please click here http://www.evanscycles.com/help/privacy-policy.

ACCURACY

All orders you place on this website will be subject to our acceptance in accordance with these terms and conditions.

The ‘confirmation’ stage sets out the final details of your order. Following this, we will send you an email acknowledging the Goods you have ordered from us and the delivery services ordered from the delivery service provider. Please note this email is not an order confirmation or order acceptance from Evans Cycles.

Acceptance of your order and the completion of contract between you and us will take place on despatch to you by the delivery service provider of the Goods ordered, unless we have notified you that we do not accept your order or you have cancelled it.

Please note the Price you pay for Goods supplied by Evans Cycles, and the delivery service provided by the delivery service provider, is the price displayed on this website at the time we receive your order, apart from the following exception:
Whilst we try and ensure all prices on our website are accurate, errors may occur. Should we discover an error in the Price of Goods you have ordered we will inform you as soon as possible. At this time we would give you the option of reconfirming your order at the correct price or cancelling it with monies paid refunded. If we are unable to contact you, we will treat the order as cancelled.

All specifications are advised by the manufacturer, however these can be subject to change by the manufacturer at any time, without prior warning.

RIDEIT! TERMS & CONDITIONS

The terms and conditions set out below apply to all entrants participating in the Ride It! event series organised and operated by F. W. Evans Cycles (UK) Limited ("Evans Cycles" or "us"). By completing of an entry form or purchasing an entry, participants acknowledge their acceptance of these terms and conditions.

The participant accepts that the event they are entering is not a race in any format. Results will not be published in time order and anyone considered to be competing against others will be stopped from riding and banned from entering future events.

The participant is fully responsible for their actions whilst attending the event. This includes the event centre and during the ride itself. We shall not accept responsibility for the actions of participants nor the consequences of their actions.

Each participant is responsible for providing their own insurance protection for their participation in the event. Payment of the Event Entry fee to Evans Cycles does not include any insurance protection for accident, sickness or negligence of any individual participant. Any accident or injury caused by a participant's actions will be the full responsibility of that participant.

Each participant will be fully responsible for any fees or costs incurred or arising from an accident either involving or caused by that participant. This includes, but is not limited to, fees payable to the Police, Air Ambulance, Fire and Rescue and the Ambulance services. If the situation arises that a participant is not capable of making the decision to call the emergency services, the participant agrees that a member of Evans Cycles or a member of the public may call for them. In this situation, the participant still accepts the costs and consequences of such actions.

Each participant, upon signing the registration form, agrees that they are physically and mentally capable of riding the distance they have chosen. If, during the event, they decide to change their route and distance, then they shall be responsible for any and all consequences of this action.

The event registration form must be completed by a person aged 18 years or over. Evidence of age may be requested by the event organiser. Participants under the age of 18 years will be allowed to participate in the event with the consent of their parent or legal guardian who must sign the event registration form on behalf of the under-age participant. By signing, the parent or legal guardian accepts responsibility for the actions and consequences of the underage participant.

The participant agrees to wear, as a minimum, a suitably designed cycling specific helmet during the whole riding section of the event. Evans Cycles reserve the right to refuse entry to the event to anyone with inappropriate equipment or clothing.

The participant confirms that the bicycle they are riding for the event and all of their equipment is of a suitable standard and state of trail/road worthiness. In particular, mountain bikes should be capable of performing for the longest distance ride available, and over rough terrain.

During the event there will be warning signs at appropriate points on the trails or roads. Absence of these signs does not signal there are no dangers approaching and it is the individual participant's responsibility to make a decision regarding whether to ride a section or not. The marking of the route does not necessarily indicate that the trail or road is rideable and the participant is deemed to make their own decision about whether to proceed on bike, foot or not at all.

Any marked route is shown for guidance only and Evans Cycles do not insist that participants use the route shown. Therefore if the participant chooses to ride a section, it is entirely their own choice. If they choose a different route to avoid obstacles or sections they decide are beyond their capabilities, they do so entirely at their own risk.

The participant agrees to return to the event centre at the end of their ride and report to a member of Evans Cycles’ staff. Not doing so will mean that a search may be organised and the subsequent cost will be billed to the participant.

Event entry fees cannot be refunded or transferred under any circumstances.

By entering the event, the participant consents to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for promotional purposes by Evans Cycles and its affiliates and representatives. The participant releases Evans Cycles, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitising, or publication of interviews, photographs, computer images, video and/or or sound recordings. The participant waives all rights they may have to any claims for payment or royalties in connection with the publication of these materials. The participant also waives any right to inspect or approve any photo, video, or audio recording taken by Evans Cycles or the person or entity designated to do so by Evans Cycles.

ACCEPTABLE USE POLICY

This acceptable use policy sets out the terms between you and us under which you may access www.evansycles.com, m.evanscycles.com and blog.evanscycles.com (hereinafter separately and collectively referred to as the “Websites”). This acceptable use policy applies to all users of, and visitors to, our websites.

Your use of our Websites means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions and the privacy and cookie policies.

Prohibited uses

The Websites may only be used by you for lawful purposes and may not, in any way or event, be used:

In any way that is unlawful (under local, national or international law) or fraudulent, or has any unlawful or fraudulent purpose or effect;

For the purpose of harming or attempting to harm minors in any way;

To send, knowingly receive, upload, download, use or re-use any material which does not lawfully belong to you;

To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Websites, or any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms and conditions;

Not to access without authority, interfere with, damage or disrupt:

• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide on the Websites interactive services, including, but not limited to product reviews and customer feedback. Any interactive service will be provided with information as to the kind of service offered, if it is moderated and what form of moderation is in use (including whether it is human or technical).

When contributing to the Websites through an interactive service you must ensure that your contributions must.

Be accurate (where they state facts);

Be genuinely held (where they state opinions);

Comply with all applicable law in the UK and in any country from which they are posted.

Contributions by you to the Websites must not:

Contain any material which is defamatory of any person;

Contain any material which is obscene, offensive, hateful, or inflammatory;

Be likely to harass, upset, embarrass, alarm or annoy any other person;

Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

Give the impression that they emanate from us or any of our partners, if this is not the case.

Copyright

Any material you upload to the Websites will be considered non-confidential and non-proprietary, and in uploading such material you allow us the have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Websites constitutes a violation of their intellectual property rights, or of their right to privacy.

Linking to our site

You may add a link to the home page of our Websites to any website owned or controlled by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Any such link must not suggest, in either an explicit or implied manner, any form of association, approval or endorsement on our part where none exists. The website from which you are linking must comply in all respects with the content standards set out in this acceptable use policy.

The Websites must not be framed on any other site, nor may you create a link to any part of the Websites other than the home page. We reserve the right to withdraw linking permission without the need to give a reason and without notice.

Links from our site

Links on the Websites to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Suspension and termination

We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of the Websites. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions upon which you are permitted to use the Websites, and may result in our taking all or any of the following actions:

Issue of a warning to you;

Immediate, temporary or permanent withdrawal of your right to use the Websites;

Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

Further legal action against you;

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.